New South Wales Consolidated Acts

CHILDREN (CARE AND PROTECTION) ACT 1987 - SECT 123

123 Procedural matters

(1) In the absence of proof to the contrary, the authority of the Minister, the Director-General or any officer to exercise any function conferred or imposed on the Minister, the Director-General or any such officer by or under this Act, or to take any proceedings for the purposes of this Act, shall be presumed.

(2) In any proceedings under this Act with respect to a child, the Minister, the Director-General or any authorised officer shall be entitled to appear and to be heard.

(3) An averment in any court attendance notice issued under this Act:

(a) that any instrument, purporting to have been made under this Act and specified in the averment, was or was not, at a time or during a period so specified, in force under this Act and was or was not made, granted or issued subject to conditions so specified,

(b) that any officer has been appointed, authorised or directed, for the purposes of this Act or the regulations, by the Minister as stated in the averment,

(c) that any person was, on a date specified in the averment, a ward or protected person, or

(d) that any person was, on a date specified in the averment, an officer,

shall be prima facie evidence of the facts averred.